Joel Valdez Espejo v. Immigration and Naturalization Service

Petitioner Joel Valdez Espejo is a native and citizen of the Philippines who was admitted into the United States, on July 26, 1992, as a non-immigrant exchange visitor under Immigration and Nationality Act (INA) § 101(a)(15)(J), 8 U.S.C. § 1101 (a)(15)(J), with authorization to remain until September 15, 1992. Because Espejo entered the United States under an exchange visa, he is subject to the foreign residence requirement of INA § 212(e), 8 U.S.C. § 1182 (e). The foreign residence requirement mandates that persons admitted under an exchange visa return to their country of citizenship for two years after completing the exchange program before they become eligible for any adjustment of status. 8 U.S.C. § 1182 (e) (2002).

Nonetheless, in his petition for review Espejo argues that the foreign residence requirement does not apply to him because he procured his J-l visa by fraud and that the Board of Immigration Appeals’s (BIA) contrary decision conflicts with the plain intent of INA § 212(e). We have jurisdiction, reject Espejo’s contention, and deny his petition. We conclude that the BIA’s interpretation of INA § 212(e) is reasonable and correct.

I

Espejo remained in the…